The International Entrepreneur Rule is a vital U.S. immigration option for startup founders. Learn the latest updates, evidence requirements, and how to apply now to grow your startup in the U.S.
12 minute read
May 16, 2025
By Haokun Qin
The International Entrepreneur Rule (IER) is a U.S. immigration program that grants qualified startup founders a temporary permission to live and work in the United States to grow their companies. Unlike a traditional work visa, the IER is a parole program - a discretionary authorization by the Department of Homeland Security - that allows foreign entrepreneurs to stay in the U.S. without a visa, if their startup has significant potential to create jobs and innovation. In essence, it’s the closest thing the U.S. currently has to a “startup visa.” The program was first introduced in 2017 and, after some political back-and-forth, is currently in effect (revived fully in 2021) for founders to use.
Under the IER, up to three co-founders of a startup can be granted parole to live in the U.S. to build their company. Parole is given in increments of 2.5 years (30 months), with the possibility of one extension for a total of up to 5 years in the U.S.. While on parole, the entrepreneur can work only for their own startup - you cannot use this status to work at a different company or take a side job. However, your spouse (if also paroled into the U.S. as a dependent) is eligible to apply for a work permit and can work for any employer. (Children can live in the U.S. on parole as well, but cannot work.) This makes the International Entrepreneur Rule an attractive option for startup founders who don’t fit into typical work visa categories like H-1B or O-1.
Why was the IER created? The rule was designed to fill a gap in the U.S. immigration system. The U.S. has no dedicated startup founder visa in its immigration law. Many talented entrepreneurs struggled to stay in the U.S. because they didn’t qualify for existing work visas that usually require an employer-sponsor. The IER uses the government’s parole authority to allow promising foreign entrepreneurs to stay temporarily if their startup can benefit the U.S. economy through innovation, investment, and job creation. It’s important to note that parole is discretionary and not a visa or a guarantee of permanent residence. But it can be a critical lifeline for early-stage startup founders to launch in the U.S. market and later transition to a longer-term status.
To be approved under the International Entrepreneur Rule, you and your startup must meet several eligibility criteria defined by DHS regulations. Here’s a breakdown of the key requirements:
To summarize the eligibility: you need a recent U.S. startup that you own and lead, and that startup should have either gotten a sizable injection of U.S. investor money or government funding. If that’s only partly true, you’ll need to show other evidence of high growth potential. If you can satisfy these requirements, you may be granted parole for up to 30 months to run your startup in the U.S.
Applying for IER involves a special application to USCIS and, if approved, a parole process to actually enter or stay in the U.S.:
1. File Form I-941 with USCIS: The official application is Form I-941, Application for Entrepreneur Parole. It must be filed with USCIS, along with a filing fee of $1,200 and a biometrics fee of $85 (for background checks). You will need to include a variety of supporting documents to prove all the eligibility points discussed:
The form instructions detail what to include. It’s wise to provide a cover letter or summary that clearly explains how you meet each requirement, with references to the evidence. Essentially, you are building a case file similar to a visa petition, demonstrating that your startup is promising and you are essential to it. Many founders work with an immigration attorney to prepare a strong package, given the stakes and the complexity of evidence.
2. Wait for USCIS Decision: After filing, USCIS may take several months to process the I-941 (processing times can vary; check the USCIS website for current estimates). There is no premium processing for I-941 as of now, so you can’t pay to expedite. During this time, USCIS might issue a Request for Evidence (RFE) if they think something is missing or not convincing. If that happens, you’ll have a chance to respond with additional documentation. An approval of the I-941 is essentially a conditional approval for parole - you’re not fully done yet.
3. Obtain Travel Documentation (Boarding Foil) and Parole Entry: Approval of the I-941 by USCIS does not automatically grant you parole in the U.S.uscis.gov. If you are outside the U.S., you will need to take the USCIS approval notice to a U.S. embassy or consulate to request entry documentation (often a boarding foil or similar). Then, when you travel to a U.S. port of entry (airport), a Customs and Border Protection officer will make the final parole decision and, if all is in order, “parole” you into the U.S. for the specified duration. Essentially, your first arrival after USCIS approval is when parole is officially given. If you are already in the U.S. (perhaps in another status) when your I-941 is approved, USCIS will issue instructions to obtain parole documents or you may need to depart and re-enter. The process can be a bit nuanced, so plan accordingly.
Once paroled in, you will receive an I-94 record indicating your parole status and expiration date (typically 30 months from the date of entry). Keep this safe; it’s proof of your legal status.
4. Spouse and Children Parole: Your spouse and kids (under 21) can also request parole as dependents. They file Form I-131 (Application for Travel Document) with fee, either together with your I-941 or after. Upon approval, they will get travel documents and be paroled into the U.S. as well (with the same end date as yours). Notably, the spouse can then apply for a work permit (Form I-765 for Employment Authorization) once in the U.S.. This work authorization for the spouse is a great benefit - it’s open-market, meaning the spouse can work for any employer or even the startup. Children on parole cannot work but can attend school.
5. Re-Parole (Extension) Application: If you approach the end of the 30-month period and your startup is doing well, you can apply for a one-time re-parole (extension) for up to another 30 months (to total 5 years max). You’ll need to file another I-941 before the first period expires, showing that the startup continues to provide significant public benefit. The extension criteria require showing the startup either:
In other words, to renew, you have to show the company made major progress in its first 2.5 years (which is the goal of the program). If you only partially meet those, again you can try to show other compelling evidence of continued potential. If approved, you get another 2.5 years. 5 years is the absolute limit under IER - after that, you cannot reapply for more parole through this program.
6. What Happens After Parole Ends: Since the International Entrepreneur Parole is temporary, you should plan for a long-term solution if you want to stay beyond the parole period. Many entrepreneurs use the parole time to find a more permanent visa or green card pathway. For example, while running your startup you might:
The bottom line: IER does not directly lead to a green card. Parole is not immigrant status. You must transition to a visa or green card category before your parole expires if you intend to stay. Make sure to start that process well in advance. Many founders will consult with an immigration attorney early on to map out a plan (for example, if pursuing an EB-2 NIW green card, you might begin assembling that petition after a year of progress on parole).
The International Entrepreneur Rule has had a bumpy history and continues to evolve. Here are some important updates and facts to be aware of:
Staying on top of these updates is important. Immigration rules can change, and as a founder, you want to ensure you’re meeting the latest requirements. The good news is that, for now, the International Entrepreneur Rule is here and growing, giving international founders a shot at the U.S. market.
Because IER is a temporary solution, startup founders should be aware of alternative visa options and possibly pursue them in parallel. Depending on your situation, one of these might be viable instead of or in addition to IER:
In practice, it’s wise to consult with an immigration lawyer to see which combination of pathways maximizes your chance to stay in the U.S. long term. IER might be the quickest way to jump over initially, but think of it as part of a broader immigration strategy for you and your startup.
Q: Is the International Entrepreneur Rule still available in 2025? A: Yes. After some uncertainty in its early years, the International Entrepreneur Rule is fully in effect as of 2025. The Biden administration affirmed the program in 2021, and USCIS has been accepting and adjudicating applications. In fact, USCIS has even updated the program’s criteria (investment amounts, etc.) to keep it current. Founders can confidently apply for IER today if they meet the requirements. Always check the latest USCIS announcements, but there is no indication that the program will be discontinued in the near future.
Q: Does the International Entrepreneur Rule lead to a green card or permanent visa? A: No, not directly. IER grants parole, which is a temporary permission to stay in the U.S. for up to 5 years at most (2.5 years initial, plus 2.5-year extension). It is not an immigrant visa or green card, and it cannot be converted automatically into one. If you want to stay permanently, you will need to transition to another status. Many IER entrepreneurs pursue options like the O-1 visa or H-1B visa, or apply for an EB-2 NIW or EB-1 green card, during their parole time. The IER is intended to kick-start your company in the U.S., after which you should plan for a longer-term solution. Think of IER as buying time and work authorization to grow your startup; you will still need to qualify for a traditional visa/green card later.
Q: What evidence is required for an International Entrepreneur Rule application? A: The application must thoroughly document each eligibility criterion. Key evidence includes:
Q: Can I apply for the International Entrepreneur Rule if I don’t meet the $threshold funding criteria? A: Yes, you can still apply. The rule’s regulations explicitly allow an entrepreneur who only partially meets the funding criteria to be considered, as long as you provide “reliable and compelling” alternative evidence of the startup’s potential. For instance, maybe you raised only $150K instead of $250K, but since then your startup’s product has gained a huge user base or you secured a partnership with a major company. You would need to document those achievements. Every case is different - USCIS will weigh the total evidence. Just note that meeting or exceeding the investment/grant criteria makes approval much more likely (it’s a clear regulatory benchmark). Falling short means your burden of proof is higher to show in other ways that your company can succeed. It’s critical to be thorough in demonstrating traction if you go this route. In practice, many successful IER applicants either meet the dollar amounts or come very close and supplement with strong evidence.
Q: What happens if my startup fails or I leave the startup while on IER parole? A: Parole under IER is contingent on the startup. If the startup substantially changes such that it no longer meets the criteria (for example, it shuts down, or you sell your stake and depart), you could lose your basis for parole. USCIS can terminate parole if the conditions that warranted it are no longer met. There is a reporting requirement: you’re supposed to report to USCIS if certain material changes happen (like ownership changes, the company folding, etc.). In practical terms, if your startup fails, you should assume your IER parole will end and you’ll need to depart the U.S. (or quickly find another status if possible). There is no grace period defined specifically for IER like there is for some work visas, though USCIS might give a short notice. Similarly, if the company is acquired and you cease to play a role, your parole could end. Always plan ahead - if things aren’t going well, look into switching to another visa status before the startup fails. On the flip side, if the startup pivots or changes its name but is still essentially the same entity pursuing growth, that’s usually fine as long as the core eligibility (innovation, funding, your role) remains.
Q: How is the International Entrepreneur Rule different from a visa? A: The IER grants “parole” status, which is legally different from a visa status. A few key distinctions:
Q: How long does it take to get approval for the International Entrepreneur parole? A: Timelines can vary. USCIS processing for Form I-941 can range from 3 to 6+ months. There is currently no premium processing to expedite I-941. If USCIS issues an RFE, that can add a couple of months (you typically get 60-90 days to respond to an RFE, and then USCIS takes time to review the response). Once USCIS approves, if you are abroad, scheduling a consular appointment for travel documentation could take a few weeks more, and then travel and entry adds some time. Altogether, if things go smoothly, one might estimate around 4-8 months from application to actually being paroled into the U.S. Some cases might be faster, especially if USCIS speeds up as the program matures, or slower if complications arise. It’s recommended to apply as early as you can. Keep in mind also that you cannot start working for your startup in the U.S. until you have been granted parole - so during the waiting time you must either be abroad working remotely or in the U.S. in another legal status that permits working on your startup (which is tricky; many visas don’t allow “startup work” unless it’s passive). Often, founders will time the IER application with the end of school or another status.
Q: Is it possible to extend International Entrepreneur parole beyond 5 years or reapply? A: No, 5 years (in two increments) is the maximum. The regulation is clear on this. You cannot reapply for a new parole based on the same startup once you’ve had 5 years. The idea is that within 5 years, the startup should have grown enough for you to move into a different immigration status (or the need for parole ceases). If you’ve used less than 5 years (say you only took 2.5 and didn’t renew), you could potentially file a new I-941 if you have a different startup that meets the criteria and start the cycle again, but that would be a whole new case (and USCIS might scrutinize why you are switching companies). Doing another 5 years via a brand new startup isn’t explicitly prohibited, but it would be unusual. Generally, plan that you cannot stay on parole longer than five years total. After that, you must have transitioned to a visa or leave the U.S.
Q: Can the International Entrepreneur parole be revoked? A: Yes. Parole is discretionary and can be terminated if conditions are not met or for other reasons (misrepresentation, national security concerns, etc.). USCIS can revoke an approved I-941 or CBP can refuse entry at the border if new adverse information comes up. More commonly, if your startup no longer meets criteria or you violate the terms (e.g. work for another company), your parole can be ended. You do have some rights - USCIS would typically issue a notice of intent to terminate, giving you a chance to respond. But as a parolee, you are in a more fragile position than someone in a typical nonimmigrant status. It’s important to maintain the eligibility conditions: continue working full-time on your startup, keep the business active, and report major changes to USCIS as required. If you comply and your startup continues to show promise, you should not face revocation. The most common reason for early termination would be if an entrepreneur pivots away from the startup or the startup fails early.
Navigating the International Entrepreneur Rule can be complex, but it offers a unique opportunity to launch your venture in the U.S. If you believe in your startup’s potential, IER is a door worth knocking on. Always ensure you put together a thorough application, and consider consulting an immigration expert to strengthen your case. Gale has helped numerous founders evaluate their options - feel free to reach out to Gale for a consultation on your best immigration strategy. With the right approach, you can take your startup to the next level in the United States.
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